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Implied Status Update

Implied Status is the right to remain and work in Canada while a work permit extension application is in process. As long as the person has submitted their application prior to the expiration of the current work permit, that person may continue to work in Canada until a decision is made on their extension.

Immigration, Refugees and Citizenship Canada has released guidelines for its own officers, with regard to implied status.

A temporary resident with implied status who exits Canada while the extension application is pending may return to Canada but may not work until the extension has been granted. Someone studying under implied status who exits and returns is similarly not be allowed to study until renewal is granted.

If an individual requires a visa the above is subject to their ability to secure a visa to return to Canada or to obtain one before they leave.

Those who need a visa but are travelling only to the United States (or St. Pierre and Miquelon) are considered TRV exempt, and this allowance continues as long as their extension application is still pending.

Those reentering Canada who are entitled to apply for a work permit at the port of entry, may apply for a work permit at the port of entry even though the extension is still pending. This would include those that require a visa but are returning only from the United States.

IRCC strongly suggests copying a carry of the extension application for the officer’s reference.

The above should be considered for those in implied status considering an exit from and re-entry to Canada.

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